** Reply to note from Joanna Diamantopoulos <[log in to unmask]> Thu, 8 Jan 2004 17:06:46 +0000
> Can anyone help me with this one. We have a 'streets of croydon'photo
> exhibition on at the moment and some of the photographers were commissioned
> to take these photos. the proviso was that as far as was possible they get
> the consent of whoever they took, which they said they had. anyway to cut
> a long story short,a photo was taken of a couple who were recently married
> and standing in front of the registry office, went to the exhibition and
> were upset that their photo was included as they had no knowledge of it
> being taken. it was taken down, but now the photographer is angry and
> wants it put back up. i was wondering whether this is along the same lines
> as the pharmacist taking the photo of the intruders as outlined in the
> article printed in the sun. all thoughts appreciated.
>
> joanna diamantopoulos
> data protection officer
Hi Joanna,
One of those interesting ones, if the Sun gets to know about it you'll probably get its
verdict ... probably with the bride appropriately edited in Photoshop and published in
page 3.
Sorry if I am stating the obvious.
See http://www.hmso.gov.uk/acts/acts1998/19980029.htm
Part IV Exemptions, Section 32 Journalism, literature and art.
The above could have been your exemption and allow you to publish the
photograph. However, there are two points which are not met.
1. I doubt a local exhibition would be classed as Art ... more likely to be seen as a
community type activity. Unlikely also to be able to argue that it is journalism and in
the public interest too.
2. Even if you could argue the case of Art plainly the photographer should have had
a written permission. Normally that would be a model release form or the use of
professional and hired models
===========
I think you will have to remove the photograph (mind you they might have thought
different if it was exhibited at some *nice* gallery) and upset the photographer unless
there is documentation. HOWEVER, if the photographer had any artistic thingie
midgie in him/her here is a solution.
Cut the persons off the photograph and just leave on the surrounding area (church
wall or trees type thing). Then mount the remainder of the photograph on board so
that the following text shows through the cut out.
"Stunning couple missing due to Data Protection act"
The headline is as a good as any the Sun can produce. Then watch how many
ministers come out saying if the couple were carrying ID cards they would not be
missing.
Regards
Charles
==============================================
Charles Christacopoulos, Management Information Officer,
Planning & Information, University of Dundee, Dundee, DD1 4HN,
Scotland, United Kingdom. Tel: 44(0)1382-344891. Fax: 44(0)1382-348845.
http://www.somis.dundee.ac.uk/
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